Appeal No. 1997-1161
Application 08/487,226
organopolysiloxane component (d).
Abolins discloses polymeric resins which contain, to
improve their flame resistance, a blend of hydrated alumina
and polyphenylene oxide, or a blend of hydrated alumina,
polydiorganosiloxane and polyphenylene oxide (abstract). The
polydiorganosiloxane usually is 0.1-6 wt% of the composition
(col. 3, lines 35-37).
The examiner argues that it would have been obvious to
one of ordinary skill in the art to add Abolins’
polydiorganosiloxane to Yusawa’s composition because it is
conventional to use a flame retardant in an analogous flame
retardant composition (answer, pages 5 and 8). This argument
is not well taken because the examiner has provided no
supporting evidence. The examiner’s speculation is not a
sufficient basis for a prima facie case of obviousness. See
In re Warner, 379 F.2d 1011, 1017, 154 USPQ 173, 178 (CCPA
1967), cert. denied, 389 U.S. 1057 (1968); In re Sporck, 301
F.2d 686, 690, 133 USPQ 360, 364 (CCPA 1962).
The examiner argues that Abolins discloses at page 3,
lines 5-14, adding to the composition conventional fire
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